If you are married to a Thai and your spouse dies?

Who gets ownership of the family property if its not in your name? Will you get kicked out of the house that you built? Or will your kids get ownership of it?If you are married to a Thai and your spouse dies?
If you are a foreigner and your name is not on a lease for the house you have little to no rights at all. But better advice is to get a lawyer which I am not. My condolences for you and your family.If you are married to a Thai and your spouse dies?
Thai law says that the properties (and any other assets) that belong to the dead is 50% goes to the spouse, the rest are divided between the kids, brothers, sisters and parents. That is of course without will. If there is a will, then the properties and the rest belong to person in the will.





If such happens, and your wife dies without any other people to inherit all her worldly belongings, all goes to you. Of course, you then will be asked to sell the properties that you cannot own. I strongly believe you will have a period of time doing so. It is pretty much the same as owning more than 49% shares in a company, you won't loose it all. You will be given a period of time for a decent selling off. In any case, all the proceeds will go to you.


The problem is many foreigners buy lands under their husband or wife name. Once they die, there are so many people that you will need to share the assets with.
It will depend on whether the Thai spouse has a will or not.





http://www.in-phuket-realestate.com/succ鈥?/a>





If there is no will, then based on the above link, blood relatives seem to have priority.





If there is a will, then it is a matter of whether the children are Thai citizens. If they are then no problem. If they are not, then you will have to sell the property.





So, the 2 keys to minimizing problems is having a will, if there are children making sure they are Thai citizens so the line of succession is maintained.





Good luck
I live in Phuket Thailand so I can answer this! Ok if you are living in the house and your wife or husband dies (who is Thai) you wont get kicked out of the house the next day however I'm sure you will be asked to leave at some point. It depends on who ';the spouse'; willed it too. And NO the house that you built will not go the kids unless.... They are Thai citizens. If the kids are Thai citizens then you can stay in the house to raise them and you can kind of keep the house! you can also get a Special Visa because you are the kids parent. If the house was willed to lets say her sister or a family member they might just take it or sell it... the rules towards ';foreigners'; in Thailand are just Crazy and they change like every day! I hope this helped?
You have no property rights in Thailand as a foreigner. Better to buy a Condo in your name or a house in the name of a corporation you form (must be 51% owned by a Thai person,wink wink, use a local attorney for incorporation), never in the name of your spouse. Just to avoid the situation you are writing about. I am an expat married to a Thai spouse who I love but I would never put my property in her name.
As you stated, the property is not in your name. If your spouse had a will stating that you kids would obtain ownership to the land, then you might get to continue living in the house. Otherwise, it's up to her next of kin. Don't be surprised if you're asked to pack your bags. That's just the way it is in Thailand, Farangs have NO rights!
I have heard enuf crazy stories, but irregardless of legal matters, if there is someone in the family that you are not aces with, there is a likelihood that they will make your life miserable... maybe more so if you live near any family members - - sorry for your loss and hopefully the family is ';good people'; and will keep the best interest of the children at heart
See the Thailand Land Code section 93. A foreigner can acquire land if they are the statutory heir, subject to approval by the Ministry and some limits on the size of the land.
pack your bags the game is up.........see how quickly the Land of Smiles changes to''Farang get out of my sisters house! We don't want you now kii nok,but can you still send money every month''